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2024 Supreme(Online)(TEL) 22919

HIGH COURT OF TELANGANA
C.V. BHASKAR REDDY, J
M/s Asian Tubes Private Limited – Appellant
Versus
State of Telangana – Respondent
WP/29870/2023



Actions taken in violation of a court's status quo order are null and void, emphasizing the necessity of notice and adherence to natural justice in administrative proceedings.

Headnote:(A) Constitution of India - Article 226 - Telangana Pattadar Pass Books Act, 1971 and 2020 - Writ Petition challenging the incorporation of respondent's name in revenue records contrary to the status quo order - The court held that actions taken in violation of status quo orders are null and void, emphasizing the importance of natural justice and the need for notice before altering rights in revenue records. (Paras 15, 16, 19)

Facts of the case:
The petitioner claimed ownership of land, asserting peaceful possession and payment of taxes, while challenging the validity of entries favoring respondent No.6 made in violation of prior court orders.

Findings of Court:
The incorporation of respondent No.6's name in revenue records was declared illegal and null, with directions to restore the petitioner's entries and initiate disciplinary action against involved officials.

Issues: The main issues included the legality of the entries made in the revenue records and adherence to the principles of natural justice.

Ratio Decidendi: The court reaffirmed that any actions contrary to a status quo order are deemed illegal and emphasized the necessity of due process in administrative actions affecting individual rights.

Result: Writ Petition allowed.

ORDER: 

This Writ Petition under Article 226 of the Constitution of India is filed by the petitioner, seeking following relief:

“….to issue a Writ/Order or direction more specifically in the nature of Writ of Mandamus declaring the action of the 1 st to 4 th Respondents in incorporating the name of the 6 th Respondent in Dharani Portal/Revenue Records herein in respect of Land admeasuring Ac 02-00 guntas in Survey No.340/4/1 situated at Narsingi Village, Gandipet Mandal, Ranga Reddy District allegedly vide Transaction No. 2300787409 on 13.10.2023 and issuance of Pattadar Passbooks by deleting the name of the Petitioner, in grave violation of Order of Status Quo granted by this Hon'ble Court on 27.03.2014 in WP 9522 of 2014, in violation of Principles of Natural Justice, contrary to the provisions of the Telangana Pattadar Pass Books Act. 1971 and 2020 and also as being in consequent violation of Article 14 and Article 300-A of the Constitution of India and consequently set aside the same by restoring the names of the Petitioner and cancelling the Pattadar Passbooks issued to 6th Respondent vide No. T05070060231 and may be pleased to pass such other Order/s as this Hon'ble Court may deem fit and proper..”

2. It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Ac.2-00 gts in Sy.No.340/4/1 situated at Narsingi Village, Gandipet Mandal, Ranga Reddy District, having purchased the same under registered sale deed dated 26.05.1998 bearing document No.1553/1998 from its lawful owners i.e, Mr. Mohan Gupta and Mr.Vinod Kumar Gupta. It is further stated that the petitioner is running an industry and is in possession of inventory i.e, steel bars, rounds etc., worth more than Crores of rupees and carrying on trading activity. It is also stated that originally the subject land was part of Ac.5-00 gts of land purchased by one Begari Pentaiah in the auction conducted by the erstwhile State of Andhra Pradesh in the year 1960. Out of the said extent, said Begari Pentaiah sold an extent of Ac.4-34 gts to one P.Savitri Bai under registered sale deed dated 25.03.1965 bearing document No.413/1965. It is further stated that out of Ac.4-34 gts, the said P.Savitri Bai sold an extent of Ac.2-00 gts i.e, subject land to Smt.Sajni Bai and Smt. Pushpalatha under registered sale deed dated 25.08.1981 vide document No.5346/1981, who in turn sold the same to Mr. Mohan Gupta and Mr.Vinod Kumar Gupta (vendors of the petitioner) under registered ale deeds bearing document Nos.4561 and 4562 of 1987 dated 25.08.1987. It is also stated that the petitioner’s vendors obtained permission from the-then Gram Panchayat vide Permission GPN No.32 of 1997 dated 02.06.1997 and constructed the compound wall. It is the case of the petitioner that since the date of purchase, it is in peaceful possession and enjoyment of the subject property and regularly paying the property tax and electricity charges to the concerned authorities.

3. It is further stated that the respondent No.3-Special Grade Deputy Collector and Revenue Divisional Officer, Rajendranagar Division (‘SGDC & RDO, Rajendranagar Division’), without issuing any notice to the petitioner, issued Proceedings vide No.C/260/2014 dated 07.03.2014 by setting aside the mutation order in File No.B1/14967/1979 issued in favour of petitioner’s predecessor and remitted the matter to the respondent No.4-Tahsildar, Gandipet Mandal, to pass orders afresh as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short “ROR Act, 1971”). It is the case of the petitioner that its vendor purchased the subject property under registered sale deed on 25.03.1965, which is much prior to the alleged sale deed dated 17.09.1980 of the respondent No.6 and therefore, the respondent No.6 has no right over the subject property. It is further stated that questioning the proceedings dated 07.03.2014, the petitioner filed W.P.No.9522 of 2014 on the file of th

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